Eligibility
The Tax Credit Incentive is open to companies who have incurred research and development expenditures in Louisiana and who meet certain requirements (where listed). Only research and development conducted in Louisiana will qualify for the Tax Credit Incentive.
In order for credits to be awarded, a taxpayer must claim the expenditures within one year after December 31 of the year in which the expenditure was incurred.
Ineligible Businesses
The following businesses will be ineligible to participate in the Research and Development tax credit program, unless specifically invited by the Secretary of LED to:
- Professional services firms that do not have a pending or issued United States patent related to the qualified research expenditures claimed.
- Businesses primarily engaged in custom manufacturing and custom fabricating that do not have a pending or issued United States patent related to the qualified research expenditures claimed.
Program Statutes & Rules:
All incentive program rules are in the Louisiana Administrative Code maintained by the Office of the State Register.
- View the Research and Development Tax Credit Statutes
- View the Research and Development Tax Credit Rules
- Go to Part I, Chapter 29
Eligibility Scenarios
Qualifying wages for the Research and Development Tax Credit Program
My Company, XYZ, conducted research and development with a team of four spending 100% of their time on research and development — two were scientists, one was a lab supervisor and the other was the VP of Operations. Will the wages for these individuals qualify for the Research and Development Tax Credit Program?
Not all will qualify. According to Section 41 (b)(2)(B) wages of individuals who are engaging in qualified research, directly supervising qualified research or directly supporting qualified research will be eligible. The term “direct supervision” means the immediate supervision (first-line management) of qualified research. “Direct supervision” does not include supervision by a higher-level manager to whom first-line managers report, even if that manager is a “qualified research scientist.”
Getting Started
1. 6765 – Increase in Louisiana Research and Development (50+ Employees)
• Filed Federal Form 6765 for the current tax year and the three previous tax years
• Please attach the Louisiana only qualified research expenses for the three previous years (if applicable)
2. Small Business Innovation Research Grant (SBIR/STTR)
• SBIR/STTR grant
• Listing of disbursements received (date, amount, grant)
• Bank statements indicating distribution of funds
3. LQRE-6765 (Less than 50 employees)
• Filed Federal Form 6765 for the current tax year and the three previous tax years
• Please attach the Louisiana only qualified research expenses for the three previous years (if applicable)
Application Processing Time:
This can typically take 3-6 months. Total application time will be dependent upon application type, application and supporting documents being submitted timely, and if the application is selected for a detailed review (statutorily required for at least 10% of applications).
In the event an R&D application is selected for a detailed examination, the following items will be requested:
- Copy of the R&D application submitted and any of the below supporting documentation
- Breakdown of cost by expenditure category (wages, supplies, contracted research, etc.)
- Breakdown of cost by each activity (business component)</li >
- W-2’s or K-1’s for wages listed on the application
- 1099’s, K-1’s and/or invoices for contracted research
- Invoices and/or receipts for supplies listed on the application
- Financial Statements for the above referenced tax year(s) (compiled or reviewed)
- Completed filed tax returns for the above referenced tax year(s)
- Organizational chart for the above referenced tax year(s), please include employee name, title and description of work performed by each employee
- Contracts related to the research completed
- Narrative describing R&D Activities completed (including Federal 4 Part Test)
- Diagrams, mark-ups, and notes related to the business component or prototype
- Employees who engaged in, supervised, or supported the R&D activities claimed should be made available on the day of the examination for an interview.
- Any patents or pending patent applications
FAQs
How do you claim the Louisiana R&D Credit?
The Louisiana R&D Credit is claimed on your Louisiana income tax return for the year you paid or incurred qualified research and development expenses or carry forward up to 5 years. Credits cannot be claimed on a return until they have been certified by Louisiana Economic Development.
Does Louisiana conform to federal R&D Credit provisions?
Louisiana law generally conforms to the federal research credit as enacted under the Small Business Job Protection Act of 1996. However, Louisiana does make some modifications. “Basic research” and “qualified research” must be conducted in Louisiana to qualify.
What is "qualified research" for Louisiana's R&D Credit?
Research activity is considered “qualified research” if it meets all of the following four requirements of Internal Revenue Code (IRC) §41(d)(1):
- Qualify as a business deduction under IRC §174.
- Be undertaken to discover information that is technological in nature.
- Be undertaken to discover information intended to be useful to develop a new or improved business component of the taxpayer.
- Substantially all activities involve a process of experimentation. “Substantially all” means 80% or more of the research activities involve a process of experimentation.
A qualified research activity must meet all four tests to be considered for the Louisiana R&D Credit. Apply the tests separately to each business component of the taxpayer.
What are "qualified research expenses" (QRE) for Louisiana's R&D Credit?
Qualified research expenses generally include wages, supplies and contract research costs.
Wages — Qualified wages are for qualified services that directly relate to the research activities and are paid or incurred by the taxpayer. Qualified services include direct supervision, direct support or direct performance of qualified research. General or administrative wages generally do not qualify. For example, an allocated portion of the purchasing or receiving department’s wages would not qualify because these are indirect costs and are incidental to research activity.
Supplies — Supplies include tangible property that is consumed directly by the research activity or that is utilized in the development of a prototype. The supplies must be used in the conduct of qualified research. Supplies do not include land, improvements to land or property subject to the allowance for depreciation. Utilities (phone and electricity), small tools and allocations of total shipping cost do not qualify as supply expenses.
Contract research — Contract research expenses are amounts paid to non-employees (outside consultants) to perform qualified research. The taxpayer must enter into written agreement prior to performance of the research and must bear the costs even if the research is unsuccessful. The consultant must perform the research within Louisiana. If the research is conducted within and outside of Louisiana, only the expenditures incurred within Louisiana qualify. Only 65% of the Louisiana expense qualifies for the credit.